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SAN DIEGO (KGTV) — A new lot meant to give people living in their cars and RVs a safe place to sleep and avoid citation is going largely unused.During Tuesday morning's wee hours, the lot across from SDCCU Stadium looked completely empty. San Diego opened the lot in mid-June, as the third safe parking lot for those who live in their vehicles. The newest one came a month after the council enacted an emergency ordinance that banned people from living in cars and recreational vehicles on public streets from 9 p.m. to 6 a.m. The city enacted the restriction after being inundated with safety concerns from residents who said people were camping in their beach front neighborhoods, leaving human waste, and trash. At Mission Bay on Tuesday, many who do live in their vehicles said they would prefer to stay near the coast, despite the threat of citation. "They don't know about it, and maybe it's not that convenient either," said Gary Parsons, who lives inside his Dodge Ram. "Inside I put in some carpet, and some shelving, and I sleep on the floor."Chris Enders, who lives in an RV with his wife and son, said they spend their nights on unchecked private property, such as parking lots near the beach. He said the Mission Valley location is not feasible."When you're getting five miles a gallon in gas, that's .75 just to get there, and then to get back that's another .75 so you just cost me ... for one day," said Enders.The lot requires all vehicles to be out by 7 a.m. daily. Ashley Bailey, a spokeswoman for the mayor, said the city and Jewish Family Service are working to bring more people to the lot."In partnership with Jewish Family Service, teams are continuing to conduct outreach and seek feedback to ensure everyone who wants to use this lot has the opportunity to do so," she said in a statement. "San Diego’s ordinance restricting vehicle habitation is in full effect so we encourage individuals who are living in their RVs to take advantage of this lot to avoid possible citation.”Jewish Family Services also offers resources such as housing help and financial assistance to people using the lot. 2133

SAN DIEGO (KGTV) — A man who spent almost half his life behind bars for a murder did not commit walked out of Donovan Prison in South San Diego County Friday a free man. Spaghetti with meatballs. This is the meal Jack Sagin has been dreaming of for years. The 73-year-old spent the last 33 years in several different state prisons for a crime he did not commit. "I'm sitting there getting up every morning, wondering what the hell am I doing here?" Sagin said. "I ain't done nothing."In July 1986, Sagin was charged with the stabbing murder of a Monterey woman, Paula Durocher. The then-39-year-old used drugs, had a record, and was a perfect scapegoat. His imprisonment was all dependent on two jailhouse informants. "An easy one to convict," Sagin said. But he was stubborn too. Once in prison, Sagin continued to write letters to his Attorney General, congressmen, and anyone else who would listen to his cry of innocence. Then, he heard of a scientific breakthrough that could help him. "When it became DNA, it blew the top of my head off," Sagin said. Sagin was one of the first cases the Northern California Innocence Project took on in 2002. Investigators with the nonprofit reopened the case and found a clue. "We have DNA from a probable perpetrator right there, underneath her fingernails," Northern California Innocence Project attorney Kelley Fleming said. That DNA, they found, did not belong to Sagin. For the next 17 years, the Innocence Project fought to free him. "We had a deal," Fleming said. "That deal was that we weren't going to give up, but he had to keep himself alive. And that's not an easy thing to do in prison. But he did it!""Believe me… Nobody was going to stop me from surviving," Sagin said. In August, the Sixth District Court of Appeals overturned his conviction. On Friday at 9 a.m., Sagin was released from Donovan Prison, and walked straight into the arms of his sister, Barbara Kosar. She has invited Sagin to live with her and her family in Arizona. Just four days before his 74th birthday, a man who was destined to spend life in prison without parole became a free man. He hopes to pay it forward. "I want to work with some youngsters and maybe help somebody," Sagin said. Somebody who may need some inspiration to never give up. The Northern California Innocence Project believes the real killer is still out there. They say they are hopeful Monterey County law enforcement will continue their investigation into the cold case. 2479

SAN DIEGO (KGTV) - A political kingmaker is using his fortune to shake up the San Diego race for District Attorney.The first television ads are hitting airwaves now, little more than a month before the election.The element of surprise surrounds the tone of an ad paid for by billionaire George Soros. He’s known for backing progressive candidates and shaking up elections, usually with controversial ads.The ad lays out Geneviéve Jones Wright’s qualifications to be San Diego County’s next District Attorney. It does not attack her opponent Summer Stephan, which is what most politicos expected.Jones Wright told 10News she had not seen the ad.Stephan’s campaign manager said he’s surprised the ad is more of an introduction than an attack. Jason Roe also said there is no doubt in his mind the gloves will come off, based on what he called Soros’ pattern of negative and dishonest ads.Jones Wright filed a complaint with the attorney general claiming Stephan was basically campaigning on the job and using photo ops with law enforcement in her campaign materials.Stephan’s campaign manager called it a distraction. 1128

SAN DIEGO (KGTV) - A new report says San Diego Unified School District is losing nearly million a year due to the exploding number of charter schools.School districts receive funding per student. The report by the organization, In the Public Interest, found SDUSD loses nearly ,913 a year per charter school student, largely due to costs that cannot be reduced when a student goes to a charter school. SDUSD is the second-largest district in California.There are about 120 charter schools in San Diego County. Roughly 50 of those schools are in the SDUSD. Elva Barajas’ son attends a local charter school.“I liked what they were offering for the students. There were smaller classrooms… less than 25 kids in the classroom. It was more individualized for the students,” Barajas said.Miriam Rodriguez’s daughters go to traditional schools within SDUSD.“At the end of the day, the schools are in my community,” Rodriguez said.The report, called "Breaking Point: The Cost of Charter Schools to Public School District," analyzed three California school districts including San Diego.Superintendent Cindy Marten and SDUSD trustee Richard Barrera argued that local districts need more control over school charter decisions. Barrera said district leaders need to ask critical questions, including fiscal impact. Currently, he said they are not allowed to do so.“What is it bringing to the table, what is it adding to the mix of schools… but also, what is it taking away?” Barrera said.Michelle Anderson, Regional Manager for the California Charter Schools Association, said districts already have enough oversight. “This is really a misrepresentation of issues that came through from a report that was paid for by special interests. Charter schools are really not the bad guys in this issue,” Anderson said.Both sides agree that education funding goes beyond this particular issue, although they differ in the impact of charter schools. About 18 percent of students that live within SDUSD attend charter schools. 2028

SAN DIEGO (KGTV) - A judge declared a mistrial Monday in the retrial of an undocumented immigrant accused of being the driver in a San Ysidro hit-and-run crash which seriously injured a young boy.Constantino Banda Acosta was charged with the crash on Camino de la Plaza May 6, 2017.Investigators said Banda ran a stop sign at Dairy Mart Rd. and crashed his pickup truck into the Lake family’s Honda Accord.6-year-old Lennox Lake was in a child safety seat at the back of the car. He suffered serious head injuries.Banda left the scene but was arrested about two miles away after Border Patrol agents spotted his damaged truck parked on a street, police said.RELATED: Retrial begins for undocumented immigrant in crashDuring Banda's first trial, his passenger, Jorge Adame Ariza, also an undocumented immigrant from Mexico, testified under a grant of immunity during the defendant's two-day preliminary hearing in June that he and Banda had a number of beers that night before the accident.Adame said Banda got into a fight with another man outside a Chula Vista restaurant. Adame told them he picked up Banda but later moved into the passenger seat with Banda behind the wheel during the crash.San Diego police Officer Michael Muniz testified in the first trial that Banda's blood-alcohol content measured .151 and .152 percent -- the legal limit is .08 -- during two breathalyzer tests.Federal immigration officials said Banda has been deported from the United States 17 times.Immigration and Customs Enforcement officials told 10News if Banda is not tried again (and effectively not convicted) he may or may not be deported.  ICE has requested that he be forwarded to the agency's custody upon any potential release. Banda's release will be subject to the Sheriff's Department under the California Sanctuary Law, ICE officials said. A judge will decide Friday whether a third trial will take place. 1938

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